IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION NO.3976/2019 BETWEEN:
Naveen Kumar, S/. Annayappa, Aged about 23 years, R/at #286, 13th Cross, Chennakeshava Nagara, G.K. Layout, Hosa Road, Bengaluru -560 100. …Petitioner (By Sri. K. Ram Singh, Advocate) AND State of Karnataka, By Parappana Agrahara Police Station, Bengaluru -560 100 …Respondent (By Sri. K. Nageshwarappa, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.546/2017 (S.C. No.841/2018) of Parappana Agrahara Police Station, Bengaluru for the offences punishable under Section 302 read with 34 of IPC.
This Criminal Petition is coming on for Orders, this day, the Court made the following:
ORDER The present petition has been filed by the petitioner/Accused No.1 under Section 439 of Code of Criminal Procedure seeking to enlarge him on bail in the event of his arrest in Crime No.546/2017 of Parappana Agrahara Police Station, Bengaluru for the offences punishable under Sections 302 read with 34 of IPC.
2. I have heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
3. The gist of the complaint is that on 09.12.2017 at about 9.00 p.m. when the complainant and the deceased were talking with each other, accused persons started abusing the deceased asking him as to why he was supporting Suhas and at that time deceased intervened to pacify the quarrel. Accused Nos. 2 to 5 abused him and assaulted him with hands. Then accused No.1 took scissors from his pocket and assaulted on the left side of the head near the ear and as a result of the same he sustained injuries and subsequently he succumbed to injuries on the same day. On the basis of the complaint the case has been registered.
4. It is the submission of learned counsel for the petitioner that there was no intention or animosity to cause death of the deceased. He further submits that already accused has approached this Hon’ble Court in Crl.
P. No. 7471/2018 and the accused/petitioner is languishing in jail since more than two years and no progress has been made in the said case. He may be given a liberty to file a fresh bail application after the complainant and eye witnesses are examined.
The said submission is taken on record and the petitioner is dismissed as not pressed.
However, liberty is given to the accused/petition to approach the Court below by filing application after examination of complainant and all the eye witnesses Sd/- JUDGE BVK